Ed Sheeran is a “magpie” who borrows ideas from other musicians and “throws” them into his songs, the High Court has heard in a £20 million copyright trial.
The singer-songwriter has been accused by Sami Chokri and Ross O’Donoghue of copying one of their songs for part of his 2017 hit Shape of You, and faces a three-week trial at the High Court in London to settle the copyright dispute, which has seen royalties from the song frozen.
Sheeran, suited and listening intently at the back of the courtroom behind a large legal team, was hailed as “a genius” as the case was opened, but was accused of borrowing ideas from other musicians without giving due credit.
‘He borrows ideas and throws them into songs’
Andrew Sutcliffe QC, representing defendants Mr Chokri and Mr O’Donoghue, told the court: “Mr Sheeran is undeniably very talented. He is a genius – but he is also a magpie. He borrows ideas and throws them into songs. Sometimes he acknowledges this, and sometimes he doesn’t.”
It was said that whether or not this happens “depends on who you are and whether or not he thinks he can get away with it”.
Mr Sutcliffe argued that Sheeran may acknowledge famous artists from whom he has borrowed, but said his clients – who claim who have had their 2015 song Oh My copied without credit – were “not Shaggy, Coldplay, Rihanna or Jay-Z”.
He said that regardless of the relative status of Sheeran compared to Mr Chokri and Mr O’Donoghue, who also appeared in court, they deserved “due recognition where recognition is due”.
Sheeran and co-writers Steven McCutcheon and John McDaid, also in attendance at court, launched legal proceedings against the pair in 2018 after licensing body Performing Right Society (PRS) for Music froze royalties on Shape of You, which reached number one in 34 counties. The royalties were estimated at the time to be in the region of £20 million.
Trial to examine musician’s creative process
The PRS ruling followed complaints from Mr Chokri and Mr O’Donoghue that the tune of their repeating “oh my” chorus had been ripped off for Shape of You, which repeats the words “oh I” in an allegedly similar fashion.
The legal wrangling over the nature of infringement on this melody will cover a broad discussion of music, Mr Sutcliffe said, including “tropical dance hall, the minor pentatonic scale and the UK grime scene”.
Mr Sutcliffe said the trial would also examine the creative process of one of the UK’s biggest stars, with the legal team asking how Sheeran writes his songs, in particular whether he “makes things up as he goes along” or is “less spontaneous” and borrows from others.
The 2015 song Oh My was played to the courtroom along with Shape of You. There were shakes of the head from Sheeran’s co-writers as Mr Sutcliffe claimed the choruses of two songs were “identical”, although Sheeran remained impassive as the melodies were played.
It was argued in court that a musician with a “propensity to collect and copy” musical ideas was more likely to infringe on the copyright of others, with Mr Sutcliffe seeking to demonstrate that Sheeran is such a musician.
The singer has denied all allegations against him, and his case will be argued by barrister Ian Mill QC, who argued successfully that certain private conversations between Sheeran and his associates should not be made public.
The trial continues.
